C. Merritt and Dorothy Pumphrey - Page 4

                                        - 4 -                                         
          transfer from the Retirement System to the Pension System was               
          effective retroactively to the first of that month; i.e., to                
          November 1, 1990.3                                                          
               The Retirement System is a qualified defined benefit plan              
          under section 401(a).  The Retirement System requires mandatory             
          nondeductible employee contributions.  The Pension System is also           
          a qualified defined benefit plan under section 401(a) but                   
          generally does not require mandatory nondeductible employee                 
          contributions.  The State of Maryland contributes to both the               
          Retirement System and the Pension System on behalf of the members           
          of those systems.  The trusts maintained as part of the                     
          Retirement System and the Pension System are both exempt from               
          taxation under section 501(a).                                              
               In 1990, petitioner received a Transfer Refund distribution            
          (the Transfer Refund) in the amount of $216,616.26 on account of            
          his election to transfer from the Retirement System to the                  
          Pension System.  The $216,616.26 Transfer Refund consisted of               
          $32,151.31 in previously taxed contributions made by petitioner             
          and $184,464.95 of earnings.4  The earnings represented interest,           
          computed based on an annually compounded rate of approximately              

          3 For a discussion of the Retirement System and the Pension                 
          System, see generally Hylton v. Commissioner, T.C. Memo. 1995-27;           
          Hoppe v. Commissioner, T.C. Memo. 1994-635; Hamilton v.                     
          Commissioner, T.C. Memo. 1994-633; Maryland State Teachers                  
          Association v. Hughes, 594 F. Supp. 1353, 1357-1358 (D. Md.                 
          1984).                                                                      
          4 So stipulated.                                                            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011